header-logo header-logo

22 May 2026 / Mary Young
Issue: 8162 / Categories: Features , Profession , Artificial intelligence
printer mail-detail

When chatbots mislead

250385
© Getty images

Traditional principles of misrepresentation depend on human intention & agency. The rise of autonomous AI systems challenges both concepts in fundamental ways, writes Mary Young

  • As artificial intelligence (AI) chatbots and large language models increasingly provide information and advice, English law is being forced to consider who may be legally responsible when those outputs are false or misleading.

In January 2026 the UK Jurisdiction Taskforce launched a consultation on a legal statement it had prepared on liabilities for artificial intelligence (AI) harms, considering what rights of recourse someone harmed by AI might have, but also against whom those rights might be exercised.

This article considers misrepresentation, and how the laws of England and Wales might approach representations made by automatons such as large language models (LLMs) (for example ChatGPT) or AI chatbots.

For there to be an actionable misrepresentation, there must be a false statement made by party A (or their agent) which induces party B to enter into a contract. While there is a degree of anthropomorphism in relation

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll